« Highlighting the need for much better modern prison metrics | Main | Seeking SCOTUS predictions: what should we now expect in Glossip and Johnson? »

June 25, 2015

Circa mid-2015, Clemency Project 2014 will go down as an abject failure if it does not submit more petitions before 2016

This notable new USA Today article, headlined "'The clock is running' on Obama clemency initiative," reports that the various administrative and practical difficulties encountered (and self-created?) by those trying to get Prez Obama more good clemency case are now seemingly at risk of completely "screwing the pooch" on the whole clemency push.  Here are the discouraging details:

The Obama administration is urging lawyers for federal inmates to move more quickly in filing petitions for presidential clemency, reminding them that "the clock is running" on the Obama presidency. The new urgency from the Justice Department comes more than a year into a program intended to shorten the sentences to federal inmates who would have gotten less time under current law.

That clemency initiative was coupled with the Clemency Project 2014, an outside consortium of lawyers working on those cases. But the Clemency Project filed only 31 petitions in its first year, leading to criticism from some proponents of criminal justice reform that the process is moving too slowly.

"If there is one message I want you to take away today, it's this: Sooner is better," U.S. Pardon Attorney Deborah Leff told volunteer lawyers in a video seminar last week. "Delaying is not helpful." Leff is the Justice Department official who provides recommendations on commutations and pardons to the president, who under the Constitution has the power to shorten sentences for federal crimes and to restore other civil rights....

The Clemency Project has set a goal of Jan. 20, 2016, for all petitions to be filed, to give the Obama administration a full year to consider them and send them to the president's desk for a decision before his term ends. Leff said any petitions that come in after that date could be left to Obama's successor. "So if we receive an enormous number of petitions at the last minute, yes, they will be reviewed. But a lot of them will not be reviewed during this administration," she said.

She also suggested that attorneys were spending too much time on cases. "While I greatly admire your legal skills, this is not the time to prepare a treatise of hundreds of pages," she told the lawyers.

Another problem is paperwork. The Office of the Pardon Attorney requires the pre-sentence report for every inmate, but that can involve a complicated process of court approval. "It's been a real bottleneck to get these documents into the hands of the lawyers," said James Felman, a Tampa attorney who chairs the criminal defense committee of the American Bar Association. So the Clemency Project has now streamlined that process, allowing the Bureau of Prisons to supply that document unless a judge objects.

Felman said lawyers also need to understand that they're asking the president for mercy, and so need to be forthright about the strengths and weaknesses of the case. "Aggressive lawyering is not necessarily going to pay off," he said. The cases don't have to be perfect. Felman said the Justice Department has signaled a willingness to consider cases that don't meet all of the criteria. "Some of the criteria are less definite than others. Like, for example, a clean record in prison. Nobody has a perfect record in prison," he said.

And the Justice Department said that even cases that aren't appropriate for the clemency initiative — which is intended for people who have already served at least 10 years — will still get consideration. "In addition to the president's clemency initiative, he continues to consider commutations under the traditional criteria for clemency," said Justice Department spokeswoman Dena Iverson. "Every applicant for clemency receives an individual review."

Margaret Love, a Washington attorney who had Leff's job in the Clinton administration, said she worries that an emphasis on the volume and speed of cases could compromise the ability of attorneys to make the best argument for their clients. "What I heard was hurry up, hurry up, deliver as many cases as quickly as you possibly can," she said. "If it's true that there were only 31 cases submitted by the project by the end of May, that's surprising given the number of lawyers they have working on them."

Regular readers know that, ever since Prez Obama and his Aministration started talking up an effort to get serious about using the clemency power seriously, I have been regularly expressing concerns about how structurally peculiar and procedurally belabored this new (and now not-so-new) clemency push has been. My particular worry, which is exacerbated by articles like this one and other similar reports, has been that a robust effort by defense lawyer groups to (1) review the complete files of, and (2) provide trained lawyers for, and (3) present a complete and extensive argument/application for, any and every federal prisoner who might want to pursue a clemency application could create a whole lot of costly and time-consuming busy work with few real substantive benefits. This is especially so given that, as all serious federal clemency advocates should know, the Pardon Attorney's Office has historically always taken its sweet time to assemble and review the files of any clemency application and will always (and justifiably) be wary of relying on just the information and representations made by a clemency applicant and is lawyer.

That all said, I remain hopeful that all the hard work being done by all the groups and lawyers involved in Clemency Project 2014 will prove meaningful and valuable and will ultimately enable Prez Obama to live up to his promises to get serious about using the clemency power seriously before he leave office in January 2017. But that might now require those working on Clemency Project 2014 to get serious about getting their applications submitted ASAP rather than continuing to spend time letting the perfect be the enemy of the good enough in this arena.

Some prior related posts:

June 25, 2015 at 10:45 AM | Permalink

Comments

Based upon the research study I've done I've revealed the adhering to little bits of info. Exactly what I explain my not relate to areas where you sub given that a few of the attributes could be added expense alternatives that some areas have actually chosen not to make use of.

Posted by: aesoponlinelogin | Nov 2, 2017 6:15:34 AM

Ac market apk is the very best cracked app store that offers you mod variations and also costs applications completely free.

Posted by: ac market | Dec 8, 2017 6:05:37 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB